Patna High Court Orders Railways To Refund Illegal VAT Deduction from Contractors' Bills

In a significant ruling, the Patna High Court has directed the Indian Railways to refund an amount of Rs. 38,22,897 to PCM Cement Concrete Pvt. Ltd., following an illegal VAT deduction made from the bills of the contractor.The division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy held, “The transaction was purely of an inter-state sale of goods and is not a works...

Patna High Court Weekly Round-Up: July 31 - August 06

Citations 2023 LiveLaw (Pat) 87 to 2023 LiveLaw (Pat) 89Nominal IndexRadhe Sharma v. Chief Secretary, Mines and Geology & others. 2023 LiveLaw (Pat) 87Youth For Equality and others vs. State of Bihar and others along with connected matters 2023 LiveLaw (Pat) 88Progressive Constructions Limited vs. The State of Bihar and Another 2023 LiveLaw (Pat) 89Judgments/Orders This WeekPatna High...

Patna High Court Deprecates State Tax Authority's Conduct; Orders Restoration Of Refund Application

In a significant ruling, the Patna High Court criticized the State Tax Authority for its handling of a refund application filed by Progressive Constructions Limited and set aside the impugned order. The court, in its judgment, expressed strong disapproval of the Officer's conduct and restored the refund application before the appropriate authority. The case revolved around the...

Patna High Court Monthly Digest: July 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 72-86]Jai Kishor vs The State of Bihar 2023 LiveLaw (Pat) 72The Registrar General, Patna High Court vs. Ram Vyas and Others 2023 LiveLaw (Pat) 73Pranav Kumar Ghosh Vs. The Union Of India 2023 LiveLaw (Pat) 74Virendra Thakur vs. The State of Bihar and Others 2023 LiveLaw (Pat) 75Meena Kumari Sinha vs. The State of Bihar and Others 2023 LiveLaw...

State Govt Competent To Conduct Caste Based Survey To Determine Backward Communities For Providing Development With Justice: Patna HC

Terming the Bihar Government’s decision to conduct a caste-based survey in the State as “perfectly valid initiated with due competence”, the Patna High Court on Tuesday dismissed a bunch of pleas challenging the State Government’s initiative. The High Court’s decision has paved for a caste survey in the state, the further work of which was stayed (as an interim measure) by...

Patna HC Dismisses Pleas Challenging Bihar Govt's Decision To Conduct Caste-Based Survey In State

The Patna High Court today dismissed pleas challenging the decision of the Bihar Government to conduct a caste-based survey in the State. The High Court, has in effect, paved the way for a caste-based survey in the state.After hearing a total of 5 PIL pleas challenging various aspects of the survey, a bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy had reserved the verdict...

Patna High Court Grants Anticipatory Bail On Condition Of Planting 500 Trees, In Environment Protection Act Violation Case

The Patna High Court has granted anticipatory-arrest bail to a man, who was booked for violating Bihar Minor Mineral Concessions Rules, 1972 and the Environment (Protection) Act, on the condition of planting 500 trees.The counsel appearing for the mines department submitted that if the petitioner is ready to plant 500 trees in the area specified by the District Mines Officer, Sheikhpura and...

Patna High Court Half Yearly Digest: January To June 2023 [Citations 1 - 71]

NOMINAL INDEXManoj Kumar Sah Versus The State of Bihar 2023 LiveLaw (Pat) 1Kalyan Sah v. Mosmat Rashmi Priya 2023 LiveLaw (Pat) 2Kaushlya Devi v. The State of Bihar & Ors. 2023 LiveLaw (Pat) 3Anmol Kumar v. The State of Bihar & 6 Ors. 2023 LiveLaw (Pat) 4Anamika Pranav v. Anil Kumar Choudhary 2023 LiveLaw (Pat) 5Kamla Kant Prasad v. The State of Bihar & Anr. 2023 LiveLaw (Pat)...

Pleas Challenging Bihar Govt's Decision To Conduct Caste-Based Survey In State: High Court To Deliver Judgment Tomorrow

The Patna High Court is set to pronounce its verdict tomorrow on the pleas challenging the decision of the Bihar Government to conduct a caste-based survey in the State. After hearing a total of 5 PIL pleas challenging various aspects of the survey, a bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy had reserved the verdict on July 7. It may be noted that the...

Patna High Court Weekly Round-Up: July 24 - July 30

Citations 2023 LiveLaw (Pat) 84 to 2023 LiveLaw (Pat) 86NOMINAL INDEXNeeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw (Pat) 84SK vs. RD 2023 LiveLaw (Pat) 85Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw (Pat) 86Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To Amount To...

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another : Patna High Court

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause. Quoting several judgments of the Apex Court, the Court held, "The established principle is that, if the Revenue has not challenged...

Inability To Bear A Child Is Part Of Marital Life, Not A Ground For Dissolving Marriage: Patna High Court

While dismissing a man's revision plea against the Family Court's rejection of his matrimonial case for divorce under Section 13 of the Hindu Marriage Act, the Patna High Court said the inability to bear a child is not a valid ground for dissolving a marriage. The court noted that it appears since the wife is having a cyst in her uterus and is unable to bear child, the husband wants to...